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[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
First Substitute H.B. 320
Representative David Ure proposes to substitute the following bill:
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PUBLIC UTILITY AMENDMENTS
2
2000 GENERAL SESSION
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STATE OF UTAH
4
Sponsor: David Ure
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AN ACT RELATING TO PUBLIC UTILITIES; SPECIFYING THE DUTIES OF THE PUBLIC
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SERVICE COMMISSION; CREATING AND PRESCRIBING DUTIES OF THE OFFICE OF
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THE PUBLIC ADVOCATE AND THE ADVISORY BOARD; REPEALING SECTIONS
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RELATING TO THE DIVISION OF PUBLIC UTILITIES AND THE COMMITTEE OF
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CONSUMER SERVICES; PRESCRIBING A BALANCING TEST FOR THE
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DETERMINATION OF WHAT IS JUST AND REASONABLE AND IN CARRYING OUT
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DUTIES; ENACTING AND MODIFYING PROVISIONS FOR INFORMAL AND
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EXPEDITIOUS RESOLUTION OF ISSUES; CLARIFYING THE COMMISSION'S USE OF A
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TEST YEAR IN RATE CASES; AMENDING THE PROCEDURE FOR RECOVERING
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CERTAIN FUEL AND ENERGY COSTS; REPLACING THE UTILITY GROSS PROCEEDS
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FEE WITH THE UTILITY REGULATION TAX; MAKING TECHNICAL CHANGES;
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PROVIDING AN EFFECTIVE DATE; AND PROVIDING A PROCEDURE FOR THE
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TRANSITION PERIOD.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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13-1-2, as last amended by Chapter 313, Laws of Utah 1994
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54-1-1, as last amended by Chapter 246, Laws of Utah 1983
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54-1-3, as last amended by Chapter 246, Laws of Utah 1983
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54-1-6, as last amended by Chapters 101 and 122, Laws of Utah 1988
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54-1-6.5, as enacted by Chapter 246, Laws of Utah 1983
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54-1-7, as last amended by Chapter 246, Laws of Utah 1983
26
54-1-10, as last amended by Chapter 246, Laws of Utah 1983
27
54-1-11, as enacted by Chapter 246, Laws of Utah 1983
28
54-3-1, as last amended by Chapter 206, Laws of Utah 1977
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54-3-21, Utah Code Annotated 1953
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54-4-1.1, as enacted by Chapter 50, Laws of Utah 1984
31
54-4-4, as last amended by Chapter 166, Laws of Utah 1975
32
54-7-1, as last amended by Chapter 161, Laws of Utah 1987
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54-7-1.5, as enacted by Chapter 246, Laws of Utah 1983
34
54-7-12, as last amended by Chapter 170, Laws of Utah 1996
35
54-7-15, as last amended by Chapter 161, Laws of Utah 1987
36
54-8b-13, as enacted by Chapter 141, Laws of Utah 1990
37
54-8b-17, as enacted by Chapter 96, Laws of Utah 1998
38
54-8b-18, as enacted by Chapter 113, Laws of Utah 1999
39
67-1-13, as enacted by Chapter 307, Laws of Utah 1999
40
ENACTS:
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54-1-6.7, Utah Code Annotated 1953
42
54-4-37, Utah Code Annotated 1953
43
54-5a-1, Utah Code Annotated 1953
44
54-5a-2, Utah Code Annotated 1953
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54-5a-3, Utah Code Annotated 1953
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54-5a-4, Utah Code Annotated 1953
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54-7-11.5, Utah Code Annotated 1953
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54-10a-1, Utah Code Annotated 1953
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54-10a-2, Utah Code Annotated 1953
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54-10a-3, Utah Code Annotated 1953
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54-10a-4, Utah Code Annotated 1953
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54-10a-5, Utah Code Annotated 1953
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54-10a-6, Utah Code Annotated 1953
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54-10a-7, Utah Code Annotated 1953
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54-10a-8, Utah Code Annotated 1953
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REPEALS:
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54-4-1.5, as enacted by Chapter 246, Laws of Utah 1983
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54-4a-1, as last amended by Chapter 225, Laws of Utah 1989
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54-4a-2, as last amended by Chapter 225, Laws of Utah 1989
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54-4a-3, as last amended by Chapter 122, Laws of Utah 1988
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54-4a-4, as enacted by Chapter 246, Laws of Utah 1983
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54-4a-5, as enacted by Chapter 246, Laws of Utah 1983
63
54-4a-6, as enacted by Chapter 246, Laws of Utah 1983
64
54-5-1.5, as last amended by Chapter 170, Laws of Utah 1996
65
54-5-2, as last amended by Chapter 214, Laws of Utah 1993
66
54-5-3, as last amended by Chapter 214, Laws of Utah 1993
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54-5-4, Utah Code Annotated 1953
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54-8b-12, as last amended by Chapter 122, Laws of Utah 1997
69
54-10-1, as enacted by Chapter 54, Laws of Utah 1977
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54-10-2, as last amended by Chapter 243, Laws of Utah 1996
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54-10-3, as last amended by Chapter 243, Laws of Utah 1996
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54-10-4, as enacted by Chapter 54, Laws of Utah 1977
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54-10-4.5, as enacted by Chapter 216, Laws of Utah 1981
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54-10-5, as last amended by Chapters 20 and 215, Laws of Utah 1995
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54-10-6, as enacted by Chapter 54, Laws of Utah 1977
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54-10-7, as last amended by Chapter 20, Laws of Utah 1995
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This act enacts uncodified material.
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
13-1-2
is amended to read:
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13-1-2. Creation and functions of department -- Divisions created -- Fees.
81
(1) (a) There is created the Department of Commerce.
82
(b) The department shall execute and administer state laws regulating business activities
83
and occupations affecting the public interest.
84
(2) Within the department the following divisions are created:
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(a) the Division of Occupational and Professional Licensing;
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(b) the Division of Real Estate;
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(c) the Division of Securities;
88
(d) the [Division of Public Utilities] Office of the Public Advocate;
89
(e) the Division of Consumer Protection; and
90
(f) the Division of Corporations and Commercial Code.
91
(3) (a) Unless otherwise provided by statute, the department may adopt a schedule of fees
92
assessed for services provided by the department by following the procedures and requirements
93
of Section
63-38-3.2
.
94
(b) The department shall submit each fee established in this manner to the Legislature for
95
its approval as part of the department's annual appropriations request.
96
(c) (i) All fees collected by each division and by the department shall be deposited in a
97
restricted account within the General Fund known as the Commerce Service Fund.
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(ii) At the end of each fiscal year, the director of the Division of Finance shall transfer into
99
the General Fund any fee collections that are greater than the department's legislative appropriation
100
for that year.
101
(d) The department may not charge or collect any fee nor expend monies from this fund
102
without approval by the Legislature.
103
Section 2.
Section
54-1-1
is amended to read:
104
54-1-1. Establishment of commission -- Functions.
105
(1) The Public Service Commission [of Utah] is established as an independent agency. The
106
[Public Service] commission is charged with discharging the duties and exercising the legislative,
107
adjudicative, and rulemaking powers committed to it by law and may sue and be sued in its own
108
name.
109
(2) In the discharge of its duties under this title, the commission shall balance the interests
110
of consumers of public utility services in the state and public utilities providing service in the state
111
by considering factors h
AS REQUIRED BY LAW
h including:
112
(a) consumers obtaining safe, efficient, and reliable utility service at a fair price h
BASED
112a
ON THE UTILITY'S COST OF PROVIDING SERVICE
h ; and
113
(b) reasonable opportunities for a public utility to achieve earnings that are sufficient to:
114
(i) assure confidence in the financial integrity and well-being of the public utility; and
115
(ii) yield returns to equity holders commensurate with returns on investments in other
116
business enterprises having corresponding risks and uncertainties.
117
(3) In balancing the interests of consumers and public utilities, the commission:
118
(a) shall resolve matters subject to its jurisdiction promptly, fairly, and, if possible, in a
119
nonadversarial manner; and
120
(b) may consider the following:
121
(i) promoting the safe, healthy, economic, efficient, and reliable operation of public
122
utilities and their services, instrumentalities, equipment, and facilities;
123
(ii) providing reasonable classifications, rules, regulations, practices, and service of public
124
utilities;
125
(iii) making the regulatory process as simple and understandable as possible so that it is:
126
(A) acceptable to the public;
127
(B) feasible, expeditious, and efficient to apply; and
128
(C) designed to minimize controversies over interpretation and application;
129
(iv) promoting efficient management and operation of public utilities;
130
(v) providing for fair apportionment of public utility charges among customer categories
131
and individual customers and preventing undue discrimination in rate relationships;
132
(vi) promoting stability in prices for customers and financial stability for utilities from year
133
to year;
134
(vii) protecting against wasteful use of public utility services;
135
(viii) providing methods of reducing wide periodic variations in the demand for products,
136
commodities, or services;
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(ix) encouraging conservation of resources and energy;
138
(x) the cost of providing service to each category of customer;
139
(xi) the economic impact of charges on each category of customer; and
140
(xii) the well-being of the state.
141
(4) When applying a just and reasonable standard in the performance of its duties under
142
this title, the commission shall balance the interests of consumers and the public utility as
143
prescribed in this section.
144
(5) If any provision relating to the balancing of interests in this section, Subsection
145
54-1-6
(5), Subsection
54-1-6.5
(2), Subsection
54-3-1
(4), or Section
54-10a-6
conflicts with Title
146
54, Chapter 8b, Public Telecommunications Law, then the provisions in Title 54, Chapter 8b,
147
Public Telecommunications Law, shall control.
148
Section 3.
Section
54-1-3
is amended to read:
149
54-1-3. Transaction of business by commissioners -- Quorum -- Proceedings by less
150
than majority or administrative law judge -- Effect of actions.
151
(1) (a) A majority of the commissioners shall constitute a quorum for:
152
(i) the transaction of any business[, for];
153
(ii) the performance of any duty; or [for]
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(iii) the exercise of any power of the commission.
155
(b) Any action taken by a majority of the commission shall be [deemed] considered the
156
action of the commission. [Any]
157
(c) A vacancy in the commission [shall] does not impair the right of the remaining
158
commissioners to exercise [all] the powers of the commission [so long as] if a majority of the
159
commission remains.
160
(d) The commission may hold hearings at any time or place within or without the state.
161
(2) [The] (a) Except as provided in Subsection (2)(b), the following proceedings shall be
162
heard by [at least] a majority of the commissioners:
163
[(a) General] (i) general rate proceedings to establish rates for public utilities [which] that
164
have annual revenues generated from Utah utility service in excess of $200,000,000; or
165
[(b) Any] (ii) any proceeding which the commission determines involves an issue of
166
significant public interest.
167
(b) If a commission proceeding requiring a majority has commenced and the unavoidable
168
absence of one or more commissioners results in less than a majority being available to continue
169
the proceeding, the proceeding may continue before a single commissioner or specified
170
administrative law judge only upon agreement of the involved public utility and, if it is a party, the
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[Division of Public Utilities] Office of the Public Advocate.
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(3) Any other investigation, inquiry, hearing, or proceeding which the commission has
173
power to undertake may be conducted before less than a majority of the commission or before an
174
administrative law judge appointed by the commission.
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(4) [All proceedings] (a) Any proceeding conducted before less than a majority of the
176
commission or before an administrative law judge shall be [deemed proceedings] considered a
177
proceeding of the commission; and
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(b) the findings, orders, and decisions made by less than a majority of the commission or
179
by an administrative law judge, when approved and confirmed by the commission and filed in its
180
office, shall be [deemed] considered findings, orders, and decisions of the commission and shall
181
have the same effect as if originally made by the commission.
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Section 4.
Section
54-1-6
is amended to read:
183
54-1-6. Employment of staff -- Status and compensation -- Employees not to be
184
parties or witnesses and may not appeal commission decisions.
185
(1) (a) The annual budget of the [Public Service] commission shall provide sufficient
186
funds for the commission to hire, develop, and organize an advisory staff to assist the commission
187
in performing the powers, duties, and functions committed to it by statute.
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[(a)] (b) The commission may hire:
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(i) economists, accountants, engineers, statisticians, lawyers, law clerks, and other
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professional and technical experts;
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(ii) court reporters, transcribers of tape recordings, clerks, secretaries, and other
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administrative and support staff;
193
(iii) additional experts as required for a particular matter; and
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(iv) administrative law judges, who shall be members of the Utah State Bar, and constitute
195
a separate organizational unit reporting directly to the commission.
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[(b)] (c) The commission may provide for funds in the annual budget to acquire suitable
197
electronic recording equipment to maintain a verbatim record of [proceedings] hearings before the
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commission, any commissioner, or any administrative law judge.
199
(2) (a) With the exception of clerical workers in nonconfidential positions, all staff of the
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[Public Service] commission are exempt employees under [the] Title 67, Chapter 19, Utah State
201
Personnel Management Act, and serve at the pleasure of the commission.
202
(b) Administrative law judges are exempt employees under [the] Title 67, Chapter 19,
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Utah State Personnel Management Act, and may only be removed from office upon due notice and
204
by a unanimous vote of the commission.
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(c) (i) The Department of Human Resource Management shall determine pay schedules
206
using standard techniques for determining compensation.
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(ii) The Department of Human Resource Management may make its compensation
208
determinations based upon compensation practices common to utility companies throughout the
209
United States.
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(3) (a) [The staff or other employees of the commission may not] Except as otherwise
211
provided in this title, no member of the commission's staff or other commission employee may
212
appear as [parties] a party or [witnesses] witness in any proceeding before the commission, any
213
commissioner, or any administrative law judge.
214
(b) The commission's staff or [other] employees [of the commission] may not apply for
215
a rehearing of or appeal any finding, order, or decision of the commission.
216
(4) The commission may, with respect to consumer complaints and matters brought before
217
the commission under Section
54-7-11.5
, direct the commission staff to:
218
(a) assist the commission in facilitating the resolution of matters brought before the
219
commission;
220
(b) review proposals or complaints brought before the commission;
221
(c) conduct research, studies, and investigations;
222
(d) provide information, documents, or records to the commission; and
223
(e) assess the impact of proposed utility rate changes.
224
(5) In performing its duties, the commission staff shall balance the interests of consumers
225
and public utilities in the same manner as the commission is directed in Section
54-1-1
.
226
Section 5.
Section
54-1-6.5
is amended to read:
227
54-1-6.5. Executive staff director -- Appointment -- Functions.
228
(1) The commission shall appoint an executive staff director, who shall:
229
(a) serve at the pleasure of the commission [and shall];
230
(b) supervise and coordinate staff functions[,];
231
(c) assist the [chairman of the commission] chair with administrative duties[,]; and
232
(d) perform any other duties the commission may direct.
233
(2) In performing his or her duties, the executive staff director shall balance the interests
234
of consumers and public utilities in the same manner as the commission is directed in Section
235
54-1-1
.
236
Section 6.
Section
54-1-6.7
is enacted to read:
237
54-1-6.7. Investigations, audits -- Notice -- Adjudicative proceeding.
238
(1) Any investigation, study, audit, inspection, action, or request for discovery of
239
information pursuant to this title, shall be preceded by reasonable advance notice to the person or
240
entity against whom an investigation, study, audit, inspection, enforcement, or discovery is sought.
241
(2) The person or entity under Subsection (1) may require that an adjudicative proceeding
242
be commenced prior to the initiation of an investigation, study, audit, inspection, action, or
243
discovery by commission staff.
244
Section 7.
Section
54-1-7
is amended to read:
245
54-1-7. Secretary of commission -- Appointment -- Functions.
246
(1) The commission [may] shall appoint a secretary of the commission, who shall serve
247
at the pleasure of the commission.
248
(2) It shall be the duty of the secretary to keep a full and true record of [all]:
249
(a) the adjudicative proceedings of the commission [and of all];
250
(b) determinations, rulings, and orders made by the commission, or by any of the
251
commissioners[,]; and [of]
252
(c) the approval and confirmation by the commission of the determinations, rulings, and
253
orders made by individual commissioners or administrative law judges.
254
(3) The secretary shall:
255
(a) be the custodian of the records of the commission[, and shall];
256
(b) file and preserve at its general office [all] any books, profiles, tariffs, schedules,
257
reports, maps [and], documents, and [all] papers [whatsoever] filed with [it] the commission or
258
entrusted to its care[,]; and [the secretary shall]
259
(c) be responsible to the commission for the custody [thereof] of the items specified in
260
Subsection (3)(b).
261
(4) Under the direction of the commission, the secretary shall:
262
(a) superintend its clerical business[,];
263
(b) conduct its correspondence[,];
264
(c) give notice of [all] hearings, determinations, rulings, and orders of the commission[,];
265
(d) prepare for service papers and notices required by the commission[,]; and
266
(e) perform other duties the commission may prescribe.
267
(5) The secretary [shall have power to] may administer [oaths] an oath in [all parts] any
268
part of the state in [all proceedings]:
269
(a) any proceeding by or before the commissioners [and]; or
270
(b) in [all cases] any case or [matters] matter pertaining to the duties of the office of
271
secretary.
272
(6) In the absence of the secretary, the [commission] chair may designate another
273
individual to perform the secretary's duties.
274
Section 8.
Section
54-1-10
is amended to read:
275
54-1-10. Conservation planning -- Annual reports.
276
(1) The [Public Service] commission shall engage in long-range planning regarding public
277
utility regulatory policy in order to facilitate the well-planned development and conservation of
278
utility resources.
279
(2) (a) The commission shall make and submit to the governor and the Legislature an
280
annual report containing a full and complete account of the transactions of its office, together with
281
any facts, suggestions, and recommendations it [may deem] considers necessary.
282
(b) The [Division of Public Utilities] Office of the Public Advocate shall provide any
283
assistance the commission may require in the preparation of the annual report.
284
(c) The report shall be made and submitted by October 1 of each year, or as soon after as
285
may be feasible, and shall be published as are the reports of other departments of the state.
286
Section 9.
Section
54-1-11
is amended to read:
287
54-1-11. Prohibited interests, relationships, and actions by commissioners and
288
employees.
289
(1) No person employed as a commissioner or as personnel of the commission shall, while
290
so employed:
291
(a) have any direct pecuniary interest, whether as the holder of stock or other securities,
292
or otherwise have any conflict of interest with any public utility or other entity subject to the
293
jurisdiction of the commission;
294
(b) have any office, position, or relationship, or be engaged in any business or avocation
295
which interferes or is incompatible with the effective and objective fulfillment of the duties of
296
office or employment with the commission;
297
(c) accept any gift, gratuity, emolument, or employment in violation of Title 67, Chapter
298
16, Utah Public Officers' and Employees' Ethics Act, from any public utility or other entity subject
299
to the jurisdiction of the commission or from any other officer, agent, or employee thereof; or
300
(d) solicit, suggest, request, or recommend, directly or indirectly, the appointment of any
301
person or entity to any office or employment with any public utility or other entity subject to the
302
jurisdiction of the [Public Service] commission.
303
(2) No officer, agent, attorney, or employee of any public utility h [
or other entity subject to
304
the jurisdiction of the commission] shall [
[
] directly or indirectly solicit, request, or recommend
304a
to the h
305
h governor, any state senator, the commission, or the h [
Division of Public Utilities
]
OFFICE OF
305a
THE PUBLIC ADVOCATE
h the appointment
306
of any person as a commissioner or as executive director of the commission, or the
306a
appointment
307
of any person to any commission staff position [
]
] [
offer to any member of the commission or its
308
personnel, any gift, gratuity, emolument, or employment that the member of the commission or
309
its personnel are prohibited from accepting under Title 67, Chapter 16, Utah Public Officers' and
310
Employees' Ethics Act
] h .
311
Section 10.
Section
54-3-1
is amended to read:
312
54-3-1. Charges must be just, service adequate, rules reasonable.
313
[All charges] (1) (a) Each charge made, demanded, or received by any public utility[, or
314
by any two or more public utilities,] for any product or commodity furnished or to be furnished,
315
or for any service rendered or to be rendered, shall be just and reasonable. [Every]
316
(b) Any unjust or unreasonable charge made, demanded, or received for [such] a product
317
[or], commodity, or service specified in Subsection (1)(a) is [hereby] prohibited [and declared
318
unlawful. Every].
319
(2) Each public utility shall furnish, provide, and maintain [such] service,
320
instrumentalities, equipment, and facilities [as] that:
321
(a) will promote the safety, health, comfort, and convenience of its patrons, employees,
322
and the public[, and as will]; and
323
(b) be in all respects adequate, efficient, just and reasonable. [All rules and regulations]
324
(3) Each rule or regulation made by a public utility affecting or pertaining to its charges
325
or service to the public shall be just and reasonable. [The scope of definition "just and reasonable"
326
may include, but shall not be limited to, the cost of providing service to each category of customer,
327
economic impact of charges on each category of customer, and on the well-being of the state of
328
Utah; methods of reducing wide periodic variations in demand of such products, commodities or
329
services, and means of encouraging conservation of resources and energy.]
330
(4) The application of a just and reasonable standard to the charges, service,
331
instrumentalities, equipment, facilities, rules, and regulations of a public utility shall be consistent
332
with the balancing of interests as prescribed in Section
54-1-1
.
333
Section 11.
Section
54-3-21
is amended to read:
334
54-3-21. Commission to be furnished information and copies of records --
335
Adjudicative hearings before commission to be public -- Privilege.
336
(1) [Every] Each public utility shall:
337
(a) furnish to the commission, in [such] the form and [such] with the detail as the
338
commission [shall] may prescribe [all], any tabulations [and], computations, and [all] other
339
information required by it to carry into effect any of the provisions of this title[,]; and [shall]
340
(b) make specific answers to [all questions] any question submitted by the commission.
341
(2) [Every] Each public utility receiving from the commission any [blanks] document with
342
directions to [fill the same] provide information shall [cause the same to be properly filled so as
343
to] answer each information request fully and correctly [each question propounded therein; in
344
case]. If it is unable to answer any question, it shall give a good and sufficient reason for [such]
345
the failure.
346
(3) [Whenever] When required by the commission [every], each public utility shall deliver
347
to the commission:
348
(a) copies of any [or all] maps, profiles, contracts, agreements, franchises, reports, books,
349
accounts, papers [and], or records:
350
(i) in its possession [or];
351
(ii) in any way relating to its property; or
352
(iii) affecting its business[, and also]; or
353
(b) a complete inventory of [all] its property in [such] the form as the commission may
354
direct.
355
(4) [Hearings] (a) Adjudicative hearings or adjudicative proceedings of the commission
356
or of any commissioner shall be open to the public[, and all].
357
(b) Except as provided in Subsection (4)(c), records of [all] adjudicative hearings [or],
358
adjudicative proceedings [or], and orders, rules [or], and investigations by the commission or any
359
commissioner shall be at all times open to the public[; provided, that any].
360
(c) Any information furnished the commission by a public utility or by any officer, agent,
361
or employee of any public utility may be withheld from the public [whenever] when and during
362
[such] the period of time [as] the commission [may determine] determines that it is [for] in the best
363
interests of the public to withhold [such] the information.
364
(d) Any officer or employee of the commission who in violation of the provisions of this
365
Subsection (4) divulges any such information is guilty of a misdemeanor.
366
Section 12.
Section
54-4-1.1
is amended to read:
367
54-4-1.1. Wholesale electrical cooperative exempt from rate regulation --
368
Requirements for rate increase.
369
(1) The commission [does] may not [have the authority under the provisions of this title
370
to] regulate, fix, or otherwise approve or establish the rates, fares, tolls, or charges of a wholesale
371
electrical cooperative.
372
(2) A wholesale electrical cooperative [shall] may not vary its charges within any type or
373
classification of service to any member or the public, one from the other, or from schedules of
374
rates, fares, tolls, or charges which schedules shall be filed at least annually with the [Division of
375
Public Utilities] Office of the Public Advocate for informational purposes only.
376
(3) The prohibition of this section applies only to the rates, fares, tolls, or charges and does
377
not exempt wholesale electrical cooperatives from other areas of regulation under this title
378
including, but not limited to, regulation having an indirect effect on rates, fares, tolls, or charges
379
but which does not constitute an approval or establishment of them.
380
(4) (a) (i) A wholesale electrical cooperative must, prior to the implementation of any rate
381
increase after January 1, 1984, hold a public meeting for [all] its customers and members.
382
(ii) Notice must be mailed at least ten days prior to the meeting. [In addition, any]
383
(b) Any schedule of new rates or other change that results in new rates must be approved
384
by the board of directors of the wholesale electrical cooperative.
385
Section 13.
Section
54-4-4
is amended to read:
386
54-4-4. Classification and fixing of rates after hearing.
387
(1) [Whenever] If the commission [shall find] finds after a hearing that the rates, fares,
388
tolls, rentals, charges, or classifications[, or any of them] demanded, observed, charged, or
389
collected by any public utility for, or in connection with, any service [or], product, or commodity,
390
[or in connection therewith,] including the rates or fares for excursion or commutation tickets, or
391
that the rules, regulations, practices, or contracts[, or any of them,] affecting [such] the rates, fares,
392
tolls, rentals, charges, or classifications[, or any of them,] are unjust, unreasonable, discriminatory
393
[or], preferential, or [in anywise] otherwise in violation of any provisions of law, or that [such] the
394
rates, fares, tolls, rentals, charges, or classifications are insufficient, the commission shall
395
determine the just, reasonable, or sufficient rates, fares, tolls, rentals, charges, classifications, rules,
396
regulations, practices, or contracts to be thereafter observed and in force, and shall fix the same
397
by order as [hereinafter] provided in this section.
398
(2) The commission [shall have power to] may:
399
(a) investigate [a single rate, fare, toll, rental, charge, classification, rule, regulation,
400
contract or practice, or any number thereof, or the entire schedule or]:
401
(i) one or more rates, fares, tolls, rentals, charges, classifications, rules, regulations,
402
contracts, or practices of any public utility; or
403
(ii) one or more schedules of rates, fares, tolls, rentals, charges, classifications, rules,
404
regulations, contracts [and], or practices[, or any number thereof,] of any public utility[, and to];
405
and
406
(b) establish, after hearing, new rates, fares, tolls, rentals, charges, classifications, rules,
407
regulations, contracts [or], practices, or [schedule or] schedules in lieu [thereof] of them.
408
(3) (a) [The commission, in] In its determination of just and reasonable rates, [may
409
consider recent changes in the utility's financial condition or changes reasonably expected, but not
410
speculative, in the utility's revenues, expenses or investments and may adopt an appropriate future
411
test period, not exceeding twelve] if the commission uses a test period, it shall select a test period
412
that is demonstrated by the evidence to best reflect conditions that the public utility will encounter
413
during the period when the rates will be in effect.
414
(b) In establishing the test period, the commission may use:
415
(i) a future test period based on projected data not exceeding 20 months from the date of
416
filing[, including projections or projections together with a period of actual operations in
417
determining the utility's test year for rate-making purposes.];
418
(ii) a test period based on historic data that are adjusted for known and measurable
419
changes; or
420
(iii) a combination of future projections and historic data.
421
(c) If the test period is not based exclusively on future projections, the commission shall
422
consider recent changes outside the test period which are known in nature and measurable in
423
amount.
424
Section 14.
Section
54-4-37
is enacted to read:
425
54-4-37. Transactions with utility affiliates -- Presumptions.
426
(1) A public utility's transactions with an affiliate do not carry any presumption of
427
unreasonableness. h
THE BURDEN OF PROOF IN ANY PROCEEDING IS NOT AFFECTED BY THIS
427a
PROVISION.
h
428
(2) Nothing in this section shall affect the obligations of a telecommunications corporation
429
under:
430
(a) Federal Telecommunications Act of 1996, 47 U.S.C. Sec. 251, 252, or 253; or
431
(b) Title 54, Chapter 8b, Public Telecommunications Law.
432
Section 15.
Section
54-5a-1
is enacted to read:
433
CHAPTER 5a. PUBLIC UTILITY REGULATION TAX
434
54-5a-1. Regulation tax.
435
(1) A tax is imposed upon the gross operating revenue of each public utility subject to the
436
jurisdiction of the commission.
437
(2) The tax shall be the greater of:
438
(a) 3/10 of 1% of the public utility's gross operating revenues for the preceding calendar
439
year derived from each public utility's business and operations during that period within this state;
440
or
441
(b) $50.
442
(3) The following revenue is exempt from the tax imposed by this chapter:
443
(a) revenue derived from interstate business; and
444
(b) revenue of a wholesale electric cooperative derived from the sale of power to a rural
445
electric cooperative which resells that power within the state.
446
(4) The tax is due and payable to the Department of Commerce on or before July 1 of each
447
year.
448
(5) The Department of Commerce shall remit the tax to the state treasurer.
449
(6) The proceeds of the tax shall be used for:
450
(a) the administration, support, and maintenance of the commission and the Office of the
451
Public Advocate;
452
(b) expenditures by the Office of the Attorney General to provide legal counsel for the
453
commission and the Office of the Public Advocate; and
454
(c) the support and maintenance of any other programs, services, or functions provided by
455
the state, as appropriated by the Legislature.
456
Section 16.
Section
54-5a-2
is enacted to read:
457
54-5a-2. Basis of the tax.
458
(1) The gross operating revenues of a public utility shall be determined by the executive
459
director of the Department of Commerce from:
460
(a) the annual gross revenue reports filed with the commission; and
461
(b) other sources of information prescribed by rule of the commission.
462
(2) (a) A public utility liable for the tax assessed under this chapter shall file a report with
463
the commission showing its gross operating revenue subject to the tax on or before April 15 of
464
each tax year.
465
(b) If the public utility fails to file the report as required under Subsection (2)(a), the
466
executive director of the Department of Commerce shall:
467
(i) compute or estimate the amount of tax due and payable; and
468
(ii) assess the tax against the public utility.
469
Section 17.
Section
54-5a-3
is enacted to read:
470
54-5a-3. Default in payment of tax -- Procedure to collect -- Penalties.
471
(1) If the tax imposed under this chapter is due and the payment is in default, a lien in the
472
amount of the tax may be filed against the property of the utility and may be foreclosed in an action
473
brought by the executive director of the Department of Commerce in the district court of any
474
county in which property of the delinquent utility is located.
475
(2) (a) If the tax computed and imposed under this chapter is not paid within 60 days after
476
it becomes due, the rights and privileges of the delinquent utility shall be suspended.
477
(b) The executive director of the Department of Commerce shall transmit the name of the
478
utility to the Public Service Commission, which may immediately enter an order suspending the
479
operating rights of the utility.
480
Section 18.
Section
54-5a-4
is enacted to read:
481
54-5a-4. Penalties.
482
(1) Any utility whose operating rights have been suspended under Section
54-5a-3
which
483
exercises or attempts to exercise any right or privilege as a utility during the time period for which
484
its operating rights have been suspended is guilty of a class B misdemeanor.
485
(2) Each day's violation shall constitute a separate offense.
486
(3) Jurisdiction of the offense shall be held to be in any county in which any part of the
487
transaction of business occurred.
488
(4) Each contract made in violation of this section is unenforceable by the corporation.
489
Section 19.
Section
54-7-1
is amended to read:
490
54-7-1. Settlement -- Limitation of issues.
491
(1) Informal resolution, by agreement of the parties, of matters before the commission is
492
encouraged[.] as a means to:
493
(a) resolve disputes while minimizing time and expense to public utilities, the state, and
494
consumers;
495
(b) enhance administrative efficiency; and
496
(c) enhance the regulatory process by allowing the commission to concentrate on those
497
issues which adverse parties cannot otherwise resolve.
498
(2) The commission may [approve any agreement after considering the interests of the
499
public and other affected persons] use settlement proposals to resolve disputed matters, while
500
reserving to the parties the right to maintain confidentiality in the negotiation process.
501
(3) (a) At any time before or during [a hearing or] an adjudicative proceeding before the
502
commission, the parties, between themselves or with the commission or a commissioner, may
503
engage in settlement conferences and negotiations.
504
(b) The commission may adopt [any settlement proposal of the parties and may enter an
505
order based upon the proposal.] settlement proposals entered into by one or more of the parties,
506
including all parties initiating a proceeding and all parties against whom a proceeding is initiated.
507
(c) The commission shall notify all parties to the proceeding of the terms of any proposed
508
settlement.
509
(d) The commission shall consider the significant and material facts related to the case and
510
may adopt settlement proposals provided that the evidence, enumerated in the record, supports a
511
finding that the settlement is just and reasonable in result and the commission finds that the
512
settlement is just and reasonable in result. If the commission finds that the settlement is just and
513
reasonable in result, the commission may determine if the need exists to inquire into:
514
(i) each party's rationale for supporting the settlement; or
515
(ii) each party's position regarding the individual components or aspects of the case or
516
settlement.
517
(e) The commission may adopt a settlement proposal after conducting any hearing required
518
by statute. However, the commission shall conduct a hearing if requested by the party initiating
519
the proceeding or the party against whom the proceeding is initiated.
520
(f) The commission may order a hearing at the request of an intervening party.
521
(g) The commission shall accept or reject settlement proposals within a reasonable time.
522
(4) In cases or procedures involving rate increases as defined in Section
54-7-12
, the
523
commission may limit the factors and issues to be considered in its determination of just and
524
reasonable rates.
525
Section 20.
Section
54-7-1.5
is amended to read:
526
54-7-1.5. Communications between commission personnel and parties restricted.
527
h [
(1) For purposes of this section, "ex parte communications" do not include:
528
(a) discussions with the commission and its staff during initial settlement conferences
529
established under Section
54-7-11.5
; or
530
(b) communications between parties or their counsel and the commission regarding:
531
(i) the form and content of draft orders; or
532
(ii) findings of fact or conclusions of law made by the commission
.] h
533
h [
(2)
]
(1)
h No member of the [Public Service] commission, administrative law judge, or
534
commission employee who is or may reasonably be expected to be involved in the
535
decision-making process, shall make or knowingly cause to be made to any party any
536
communication relevant to the merits of any matter under [adjudication] adjudicative proceedings,
537
unless notice and an opportunity to be heard are afforded to all parties.
538
h [
(3)
]
(2)
h (a) No party shall make or knowingly cause to be made to any member of the
539
commission, administrative law judge, or commission employee who is or may reasonably be
540
expected to be involved in the decision-making process, an ex parte communication relevant to
541
the merits of any matter under [adjudication] adjudicative proceedings.
542
(b) Any member of the commission, administrative law judge, or commission employee
543
who receives an ex parte communication shall place the communication into the public record of
544
the proceedings and afford all parties an opportunity to comment on the information.
545
Section 21.
Section
54-7-11.5
is enacted to read:
546
54-7-11.5. Initial conferences.
547
(1) (a) Before filing a request for agency action, a potential party or parties are encouraged
548
to confer with the commission and its staff concerning a contemplated request. The commission
549
shall hold an initial conference with the potential party or parties requesting the conference. For
550
any subsequent conferences, the commission shall invite to participate the Office of the Public
551
Advocate and other potential parties with a substantial interest in the contemplated request and
552
may invite other potential parties to participate.
553
(b) Requests for conferences described in Subsection (1)(a):
554
(i) are not requests for agency action under Subsection
63-46b-3
(b); and
555
(ii) do not require notice of the conferences.
556
(c) The commission h [
and staff
]
OR A DESIGNATED ADMINISTRATIVE LAW JUDGE, AND
556a
SUCH STAFF AS THE COMMISSION OR ADMINISTRATIVE LAW JUDGE SHALL DETERMINE,
h shall
556b
offer advice and assistance and, in accordance with
557
Section
63-46b-1
, seek to:
558
(i) encourage settlement;
559
(ii) clarify the issues;
560
(iii) simplify the evidence;
561
(iv) facilitate discovery; and
562
(v) expedite the proceedings.
563
(2) During the conferences described in Subsection (1), the commission h
OR THE
563a
ADMINISTRATIVE LAW JUDGE
h and staff are
564
encouraged to seek resolution of the issues presented. If a resolution requiring commission action
565
is achieved, the commission shall:
566
(a) issue an initial order reflecting the resolution; and
567
(b) initiate an adjudicative proceeding in accordance with Subsection
63-46b-3
(1)(a) to
568
implement the resolution.
569
(3) Nothing in this section precludes the initiation of an adjudicative proceeding by any
570
party requesting a conference before the commission issues an initial order.
571
(4) (a) When an adjudicative proceeding is commenced by anyone other than the Office
572
of the Public Advocate, the Office of the Public Advocate shall, except as provided in Subsections
573
(4)(c) and (d), before intervening in the proceeding:
574
(i) make a bonafide effort to confer with the party initiating the request; or
575
(ii) if the adjudicative proceeding is commenced by the commission, make a bonafide
576
effort to confer with the commission and any public utility directly affected by the commission
577
action.
578
(b) The Office of the Public Advocate is directed at the conference to:
579
(i) encourage settlement;
580
(ii) clarify the issues;
581
(iii) simplify the evidence;
582
(iv) facilitate discovery; and
583
(v) expedite the proceedings.
584
(c) In any proceeding where the commission is required by statute to issue tentative or final
585
orders in less than 30 days, the Office of the Public Advocate may intervene. If further
586
proceedings follow, the Office of the Public Advocate shall confer as provided in Subsections
587
(4)(a) and (b) as soon as practicable.
588
(d) If the commission has discretion, and intends, to issue a final or tentative order in less
589
than 30 days, the commission shall notify the Office of Public Advocate of its intention to issue
590
the order, and the Office of the Public Advocate may intervene. If further proceedings follow, the
591
Office of the Public Advocate shall confer as provided in Subsections (4)(a) and (b) as soon as
592
practicable.
593
Section 22.
Section
54-7-12
is amended to read:
594
54-7-12. Rate increase or decrease -- Procedure -- Effective dates -- Electrical or
595
telephone cooperative.
596
(1) As used in this section:
597
(a) "Rate increase" means any direct increase in a rate, fare, toll, rental, or other charge of
598
a public utility or any modification of a classification, contract, practice, or rule that increases a
599
rate, fare, toll, rental, or other charge of a public utility.
600
(b) "Rate decrease" means any direct decrease in a rate, fare, toll, rental, or other charge
601
of a public utility or any modification of a classification, contract, practice, or rule that decreases
602
a rate, fare, toll, rental, or other charge of a public utility.
603
(2) (a) Any public utility or other party that proposes to increase or decrease rates shall file
604
appropriate schedules with the commission setting forth the proposed rate increase or decrease.
605
(b) The commission shall, after reasonable notice, hold a hearing to determine whether the
606
proposed rate increase or decrease, or some other rate increase or decrease, is just and reasonable.
607
If a rate decrease is proposed by a public utility, the commission may waive a hearing unless it
608
seeks to suspend, alter, or modify the rate decrease.
609
(c) Except as otherwise provided in Subsections (3) and (4), no proposed rate increase or
610
decrease is effective until after completion of the hearing and issuance of a final order by the
611
commission concerning the proposed increase or decrease.
612
(3) (a) [The following rules apply] This Subsection (3) applies to the implementation of
613
any proposed rate increase or decrease filed by a utility or proposed by any other party, or the
614
commission in an initial order under Section
54-7-11.5
, and to the implementation of any other
615
increase or decrease in lieu of that proposed by a utility [or], other party [that is determined to be
616
just and reasonable by], or the commission[:].
617
[(a)] (b) (i) On its own initiative or in response to an application by a public utility or other
618
party, the commission, after a hearing, may allow any proposed rate increase or decrease[, or a]
619
which is just or reasonable, or a just and reasonable part of the rate increase or decrease, to take
620
effect, subject to the commission's right to order a refund or surcharge, upon the filing of the
621
utility's schedules or at any time during the pendency of its [hearing proceedings] adjudicative
622
proceeding.
623
(ii) The evidence presented in the hearing held pursuant to this Subsection (3)(b) need not
624
encompass all issues that may be considered in a rate case hearing held pursuant to Subsection
625
(2)(b), but shall establish an adequate prima facie showing that the interim rate increase or
626
decrease is justified.
627
[(b)] (c) (i) If the commission completes a hearing concerning a utility's revenue
628
requirement before the expiration of 240 days from the date the rate increase or decrease proposal
629
is filed, it may issue a final order within that period establishing the utility's revenue requirement
630
and fixing its interim allowable rates before it determines the allocation of the increase or decrease
631
among categories of customers and classes of service.
632
(ii) If the commission in its final order on a utility's revenue requirement finds that the
633
interim increase order under Subsection (3)[(a)](b) exceeds the increase finally ordered, it shall
634
order the utility to refund the excess to customers.
635
(iii) If the commission in its final order on a utility's revenue requirement finds that the
636
interim decrease order under Subsection (3)[(a)](b) exceeds the decrease finally ordered, it shall
637
order a surcharge to customers to recover the excess decrease.
638
[(c)] (d) If the commission fails to enter its order granting or revising a revenue increase
639
within 240 days after the [utility's schedules are filed] commencement of a request for a rate
640
increase by a public utility or an increase proposed by an initial order of the commission, the rate
641
increase proposed by the utility or the commission is final and the commission may not order a
642
refund of any amount already collected by the utility under its filed rate increase.
643
[(d)] (e) (i) [When] If a public utility files a proposed rate increase based upon an increased
644
cost to the utility for fuel [or], energy, or services related to the production or transportation of fuel
645
or energy, other than transportation by the public utility on its local distribution system, and the
646
fuel, energy, or services are purchased or obtained from [independent contractors, other
647
independent suppliers, or any supplier whose prices are regulated by a governmental agency, the
648
commission shall issue a tentative order with respect to the proposed increase within ten days after
649
the proposal is filed, unless it issues a final order with respect to the rate increase within 20 days
650
after the proposal is filed] an independent contractor or independent source of supply or any
651
supplier whose prices are regulated by a governmental agency, the requested increase shall take
652
effect 20 days after the filing of the request with the commission or at any earlier time after the
653
filing of the request as the commission may by order permit.
654
(ii) The commission shall [hold a public hearing within 30 days after it issues the tentative
655
order to determine if the proposed rate increase is just and reasonable] issue a final or interim order
656
within 20 days only after a showing has been made by the public utility to the commission that the
657
increase is justified.
658
(iii) If the commission issues an interim order under Subsection (3)(e)(ii), the commission
659
shall complete the hearing and issue a final order before the expiration of 240 days after the
660
utility's proposed rate increase is filed. If the commission fails to enter its final order within the
661
240 days, the interim order becomes a final order and the commission may not refund any amount
662
already collected by the utility under the interim order.
663
(iv) The commission may, after a hearing, suspend, alter, or modify the increase.
664
h [
(v)
]
(A)
h The commission is not precluded from otherwise using mechanisms, such as a
665
pass-through account or energy-balancing account, h [
for the recovery by a public utility of an
666
increased cost for fuel or energy purchased, or other cost or expense items,
] h but the procedural
667
mechanisms for expedited orders described in Subsections (3)(e)(i) h [
through (v)
]
AND (ii)
h do not
667a
apply.
667b
h
(B) WHENEVER THE COMMISSION CHANGES THE METHOD OF RECOVERY OF EXPENSES
667c
BY REMOVING THEM FROM MECHANISMS SUCH AS THE PASS-THROUGH OR ENERGY BALANCING
667d
ACCOUNT, SUCH CHANGE SHALL OPERATE PROSPECTIVELY AFTER THE UTILITY IS AFFORDED A
667e
REASONABLE OPPORTUNITY TO HAVE ITS PRUDENTLY-INCURRED EXPENSES THAT WERE
667f
PREVIOUSLY RECOVERED IN SUCH MECHANISMS RECOVERED BY SOME OTHER MEANS.
h
668
(4) (a) Notwithstanding [any other provisions of this title] Subsection (3), any schedule,
669
classification, practice, or rule filed by a public utility with the commission that does not result in
670
any rate increase shall take effect 30 days after the date of filing or within any lesser time the
671
commission may grant, subject to its authority after a hearing to suspend, alter, or modify that
672
schedule, classification, practice, or rule.
673
(b) [When] If the commission suspends a schedule, classification, practice, or rule, it shall
674
hold a hearing on the schedule, classification, practice, or rule before issuing its final order.
675
(c) For purposes of this Subsection (4), any schedule, classification, practice, or rule that
676
introduces a service or product not previously offered may not result in a rate increase.
677
(5) [(a)] Notwithstanding [any other provision of this title, whenever a public utility files
678
with the commission any] Subsections (2) through (4), any rate or price change or any change to
679
a schedule, classification, practice, or rule [that does not result in an increase in any rate, fare, toll,
680
rental, or charge, the schedule, classification, practice, or rule shall take effect 30 days after the
681
date of filing or at any earlier time the commission may grant, subject to the authority of the
682
commission, after a hearing, to suspend, alter, or modify the schedule, classification, practice, or
683
rule.] determined by initial order under Section
54-7-11.5
may be adopted by the commission as
684
its final order without a hearing if:
685
[(b) (i) Notwithstanding any other provision of this title, whenever a public utility files
686
with the commission a request for an increase in rates, fares, tolls, rentals, or charges based solely
687
upon cost increases to the public utility of fuel supplied by an independent contractor or
688
independent source of supply, the requested increase shall take effect ten days after the filing of
689
the request with the commission or at any earlier time after the filing of the request as the
690
commission may by order permit.]
691
[(ii) The commission shall order the increase to take effect only after a showing has been
692
made by the public utility to the commission that the increase is justified.]
693
[(iii) The commission may, after a hearing, suspend, alter, or modify the increase.]
694
(a) the commission mails notice of its initial order to each person who has requested notice
695
of the initial orders and the commission provides other notice it considers appropriate; and
696
(b) there is no objection to the initial order within 20 days from the service of notice.
697
(6) Any person receiving notice under Subsection (5)(a) who has not objected to the
698
commission's order under Subsection (5)(b) may not seek judicial review of the commission's
699
order under Title 63, Chapter 46b, Administrative Procedures Act.
700
(7) To the extent that time frames provided for the issuance of orders or for the effective
701
date of schedules, classifications, practices, rules, or rate increases in Subsections (2) through (5)
702
are inconsistent with any otherwise applicable time frames under Title 63, Chapter 46b,
703
Administrative Procedures Act, the time frames provided in Subsections (2) through (5) shall
704
supercede the time frames provided in Title 63, Chapter 46b, Administrative Procedures Act.
705
[(6)] (8) (a) This section does not apply to any rate changes of an electrical or telephone
706
cooperative that meets [all of] the [following] requirements[:] of Subsections (8)(b) through (e).
707
[(a)] (b) The cooperative is organized for the purpose of either distributing electricity or
708
providing telecommunication services to its members and the public at cost. "At cost" includes
709
interest costs and a reasonable rate of return as determined by the cooperative's board of directors.
710
[(b)] (c) The cooperative's board of directors and any appropriate agency of the federal
711
government have approved the rate increase or other rate change and all necessary tariff revisions
712
reflecting the increased rate or rate change.
713
[(c)] (d) Before implementing any rate increases, the cooperative has held a public meeting
714
for all its customers and members. The cooperative shall mail a notice of the meeting to all of
715
the cooperative's customers and members not less than ten days prior to the date that the meeting
716
is held.
717
[(d)] (e) The cooperative has filed its tariff revisions reflecting the rate increase or other
718
rate change with the commission, who shall make the tariffs available for public inspection.
719
[(7)] (9) Procedures for the implementation of a proposed rate increase by a telephone
720
corporation having less than 5,000 subscriber access lines are as follows:
721
(a) (i) The proposed rate increase may become effective upon the filing of the proposed
722
tariff revisions and necessary information to support a determination by the commission that the
723
proposed rate increase is just and reasonable.
724
(ii) The telephone corporation shall provide 30 days' notice to the commission and all
725
potentially affected access line subscribers of the proposed rate increase.
726
(b) (i) The commission may investigate whether the proposed rate increase is just and
727
reasonable.
728
(ii) If the commission determines, after notice and hearing, that the rate increase is unjust
729
or unreasonable in whole or in part, the commission may establish the rates, charges, or
730
classifications that it finds to be just and reasonable.
731
(c) The commission shall investigate and hold a hearing to determine whether any
732
proposed rate increase is just and reasonable if 10% or more of the telephone corporation's
733
potentially affected access line subscribers file a request for agency action requesting an
734
investigation and hearing.
735
Section 23.
Section
54-7-15
is amended to read:
736
54-7-15. Review or rehearing by commission -- Application -- Procedure --
737
Prerequisite to court action -- Effect of commission decisions.
738
(1) Before seeking judicial review of the commission's action, any party, stockholder,
739
bondholder, or other person pecuniarily interested in the public utility who is dissatisfied with an
740
order of the commission shall meet the requirements of this section.
741
(2) (a) After any order or decision, except an initial order and decision issued pursuant to
742
Section
54-7-11.5
, has been made by the commission, any party to the action or proceeding, or any
743
stockholder [or], bondholder, or other party pecuniarily interested in the public utility affected may
744
apply for rehearing of any [matters] matters determined in the action or proceeding.
745
(b) No applicant may urge or rely on any ground not set forth in the application in an
746
appeal to any court.
747
(c) Any application for rehearing not granted by the commission within 20 days is denied.
748
(d) (i) If the commission grants any application for rehearing without suspending the order
749
involved, the commission shall issue its decision on rehearing within 20 days after final
750
submission.
751
(ii) If the commission fails to render its decision on rehearing within 20 days, the order
752
involved is affirmed.
753
(e) Unless an order of the commission directs that an order is stayed or postponed, an
754
application for review or rehearing does not excuse any corporation or person from complying with
755
and obeying any order or decision of the commission.
756
(3) Any order or decision on rehearing that abrogates, changes, or modifies an original
757
order or decision has the same force and effect as an original order or decision, but does not affect
758
any right, or the enforcement of any right, arising from the original order or decision unless so
759
ordered by the commission.
760
(4) Any order of the commission, including decisions on rehearing, shall have binding
761
force and effect only with respect to public utilities that were actual parties to the proceeding, and
762
do not determine any rights, privileges, obligations, duties, constraints, burdens, or responsibilities
763
with respect to public utilities that were not party to the proceeding in which the order or decision
764
was rendered unless the commission enacts a rule in compliance with Section
63-46a-3
of the Utah
765
Administrative Rulemaking Act that incorporates the principles of law not already in its rules that
766
are established by the order.
767
Section 24.
Section
54-8b-13
is amended to read:
768
54-8b-13. Rules governing operator assisted services.
769
(1) The commission shall make rules to implement the following requirements pertaining
770
to the provision of operator assisted services:
771
(a) Rates, surcharges, terms, or conditions for operator assisted services shall be provided
772
to customers upon request without charge.
773
(b) A customer shall be made aware, prior to incurring any charges, of the identity of the
774
operator service provider handling the operator assisted call by a form of signage placed on or near
775
the telephone or by verbal identification by the operator service provider.
776
(c) Any contract between an operator service provider and an aggregator shall contain
777
language which assures that any person making a telephone call on any telephone owned or
778
controlled by the aggregator or operator service provider can access:
779
(i) where technically feasible, any other operator service provider operating in the relevant
780
geographic area; and
781
(ii) the public safety emergency telephone numbers for the jurisdiction where the
782
aggregator's telephone service is geographically located.
783
(d) No operator service provider shall transfer a call to another operator service provider
784
unless that transfer is accomplished at, and billed from, the call's place of origin. If such a transfer
785
is not technically possible, the operator service provider shall inform the caller that the call cannot
786
be transferred as requested and that the caller should hang up and attempt to reach another operator
787
service provider through the means provided by that other operator service provider.
788
(2) (a) The [Division of Public Utilities] Office of the Public Advocate shall be responsible
789
for enforcing any rule adopted by the commission under this section.
790
(b) If the [Division of Public Utilities] Office of the Public Advocate determines that any
791
person, or any officer or employee of any person, is violating any rule adopted under this section,
792
the [division] Office of the Public Advocate shall serve written notice upon the alleged violator
793
which:
794
(i) specifies the violation;
795
(ii) alleges the facts constituting the violation; and
796
(iii) specifies the corrective action to be taken.
797
(c) After serving notice as required in Subsection (2)(b), the [division] Office of the Public
798
Advocate may request the commission to issue an order to show cause. After a hearing, the
799
commission may impose penalties and, if necessary, may request the attorney general to enforce
800
the order in district court.
801
(3) (a) Any person who violates any rule made under this section or fails to comply with
802
any order issued pursuant to this section is subject to a penalty not to exceed $2,000 per violation.
803
(b) In the case of a continuing violation, each day that the violation continues constitutes
804
a separate and distinct offense.
805
(4) A penalty assessment under this section does not relieve the person assessed from civil
806
liability for claims arising out of any act which was a violation of any rule under this section.
807
Section 25.
Section
54-8b-17
is amended to read:
808
54-8b-17. Procedures for enforcement of interconnection service quality -- Penalties
809
for violation -- Funds collected.
810
(1) Proceedings under Subsection
54-8b-2.2
(1)(e) shall be conducted in accordance with
811
the following procedure:
812
(a) The complaint shall be served upon the defendant telecommunications corporation and
813
filed with the commission. A copy of the complaint shall also be served upon the [Division of
814
Public Utilities] Office of the Public Advocate.
815
(b) An answer or other responsive pleading to the complaint shall be filed with the
816
commission not more than ten days after receipt of service of the complaint. Copies of the answer
817
or responsive pleading shall be served on the complainant and the [Division of Public Utilities]
818
Office of the Public Advocate.
819
(c) A prehearing conference shall be held not later than ten days after the complaint is
820
filed.
821
(d) (i) The commission shall commence a hearing on the complaint not later than 25 days
822
after the complaint is filed, unless the commission finds that extraordinary conditions exist that
823
warrant postponing the hearing date, in which case the commission shall commence the hearing
824
as soon as practicable.
825
(ii) Parties shall be entitled to present evidence as provided by the commission's rules.
826
(e) The commission shall take final action on a complaint not more than 45 days after the
827
complaint is filed unless:
828
(i) the commission finds that extraordinary conditions exist that warrant extending final
829
action, in which case the commission shall take final action as soon as practicable; or
830
(ii) the parties agree to an extension of final action by the commission.
831
(2) The commission shall have the enforcement powers listed in Subsection (3) if, in the
832
proceeding, the commission finds that:
833
(a) the telecommunications corporation has violated the terms of the commission's
834
interconnection service quality rules;
835
(b) the telecommunications corporation has breached its obligations under the provisions
836
of the Federal Telecommunications Act;
837
(c) either party to an approved interconnection agreement has violated the terms of the
838
agreement; or
839
(d) either party has violated the terms of a statement of generally available terms.
840
(3) If the commission makes any of the findings described in Subsection (2), the
841
commission shall:
842
(a) order the telecommunications corporation to:
843
(i) remedy the violation; and
844
(ii) comply, as applicable, with the terms of the commission's interconnection service
845
quality rules, the interconnection agreement, or statement of generally available terms;
846
(b) if considered appropriate by the commission, prescribe the specific actions that the
847
telecommunications corporation must take to remedy its violation, including a time frame for
848
compliance and the submission of a plan to prevent future violations;
849
(c) if considered appropriate by the commission, impose a penalty on the defendant
850
telecommunications corporation subject to the following:
851
(i) if the violation is of the duties imposed under Section
54-8b-2.2
or
54-8b-16
, the
852
commission may impose a penalty for such violation as provided in Section
54-7-25
; or
853
(ii) if the violating telecommunications corporation is other than an incumbent telephone
854
corporation with fewer than 50,000 access lines in this state, and the violation is of a duty imposed
855
under an interconnection agreement, a statement of generally available terms, or the obligations
856
of Section 251 of the Federal Telecommunications Act, the commission may impose a penalty
857
subject to the following:
858
(A) if the commission finds that the violation was willful or intentional, the penalty may
859
be in an amount of up to $5,000 per day and the period for which the penalty is levied shall
860
commence on the date the commission finds the violation to have first occurred through and
861
including the date the violation is corrected; or
862
(B) if the commission finds that the violation was not willful or intentional, the penalty
863
may be in an amount prescribed by Section
54-7-25
and the period for which the penalty is levied
864
shall commence on the day after the deadline for compliance in the commission's order.
865
(4) (a) The commission shall have the authority, on its own or at the request of the injured
866
telecommunications corporation, to investigate a party's compliance with the commission's order
867
under Subsection (3)(c)(ii).
868
(b) If corrective or remedial action acceptable to the commission is not completed:
869
(i) 45 days after the deadline set by the commission, the commission may increase the
870
penalty up to $10,000 per violation per day for a willful or intentional violation; or
871
(ii) 90 days after the deadline set by the commission, the commission may increase the
872
penalty up to $4,000 per violation per day for a violation that is not willful or intentional.
873
(5) (a) The penalty under Subsection (3)(c) shall be in addition to, and not in lieu of, civil
874
damages or other remedies that may be available to the injured party.
875
(b) In determining the amount of the penalty or the amount agreed to in compromise, the
876
commission shall consider:
877
(i) the appropriateness of the penalty to the size of the violating party;
878
(ii) the gravity of the violation;
879
(iii) the good faith of the defendant telecommunications corporation in attempting to
880
achieve compliance after notification of the violation;
881
(iv) the impact of the violation to the establishment of competition; and
882
(v) the actual economic harm incurred by the plaintiff telecommunications corporation.
883
(c) Each day of a continuing violation or a failure to comply is a separate offense for
884
purposes of levying a penalty under this section.
885
(6) All funds collected under this section shall go into the Universal Public
886
Telecommunications Service Support Fund established under Section
54-8b-15
, and shall be in
887
addition to any contributions required of a telecommunications corporation under that section.
888
Section 26.
Section
54-8b-18
is amended to read:
889
54-8b-18. Definitions -- Unauthorized change of telecommunications provider --
890
Unauthorized charges -- Procedures for verification -- Penalties -- Authority of commission.
891
(1) For purposes of this section:
892
(a) "Agents" includes any person, firm, or corporation representing a telecommunications
893
corporation for purposes of requesting a change in a subscriber's telecommunications provider, but
894
does not include a local service provider when executing a request submitted by another service
895
provider or its agents.
896
(b) "Freeze" means a directive from a subscriber to retain the provider of public
897
telecommunications services selected by the subscriber until the subscriber provides authorization
898
for a change to another provider of public telecommunications services through any means by
899
which a freeze is implemented.
900
(c) "Small commercial subscriber" is a person or entity conducting a business, agriculture,
901
or other enterprise in the state having less than five telecommunications lines.
902
(d) "Subscriber" means a corporation, person, or government, or a person acting legally
903
on behalf of a corporation, person, or government who has purchased public telecommunications
904
services from a telecommunications corporation.
905
(2) No telecommunications corporation or its agents shall make any change or authorize
906
a different telecommunications corporation to make any change in the provider of any public
907
telecommunications service to a subscriber unless it complies, at a minimum, with Subsections
908
(2)(a) through (e). This Subsection (2) does not apply to a telecommunications corporation that
909
effectuates a change in service provider pursuant to a change authorization submitted or requested
910
by another telecommunications corporation.
911
(a) The telecommunications corporation or its agents shall, at a minimum, inform the
912
subscriber of the nature, extent, and rates of the service being offered and any charges associated
913
with the change.
914
(b) Notwithstanding Section
13-26-4
, changes in provider of telecommunication service
915
accomplished through telephone solicitation shall comply with the Telephone Fraud Prevention
916
Act, Sections
13-26-2
,
13-26-8
,
13-26-10
, and
13-26-11
.
917
(c) For sales of residential service or small commercial subscriber service, the
918
telecommunications corporation or its agents shall confirm that the subscriber is aware of any
919
charges that the subscriber must pay associated with the change and that the subscriber authorizes
920
the change of provider. The subscriber's authorization to change the provider shall be confirmed
921
by any one of the following methods:
922
(i) obtaining the subscriber's written authorization;
923
(ii) having the subscriber's oral authorization verified by an independent third party; or
924
(iii) any means provided by rule of the Federal Communications Commission or the
925
commission.
926
(d) If the subscriber is not an individual, an authorization shall be valid only if given by
927
an authorized representative of the subscriber.
928
(e) (i) The written authorization to change the provider shall be signed by the subscriber
929
and shall contain a clear, conspicuous, and unequivocal request by the subscriber for a change of
930
telecommunications provider.
931
(ii) A written authorization is not valid if it is presented to the subscriber for signature in
932
connection with a sweepstakes, game of chance, or any other means prohibited by commission
933
rule.
934
(iii) Nothing in this section shall be construed to prohibit any person from offering a
935
premium, incentive, or a thing of value to another as consideration for authorizing a change of
936
telecommunications service provider, provided that no element of chance or skill is associated with
937
the offer of the premium, incentive, or thing of value or its receipt.
938
(3) The confirmation by a third-party verifier shall, at a minimum:
939
(a) confirm the subscriber's identity with information unique to the customer, unless the
940
customer refuses to provide identifying information, then that fact shall be noted;
941
(b) confirm that the subscriber agrees to the requested change in telecommunications
942
service providers; and
943
(c) confirm that the subscriber has the authority to select the provider as the provider of
944
that service.
945
(4) A third-party verifier shall meet each of the following criteria:
946
(a) any criteria for third-party verifiers set by the Federal Communications Commission;
947
(b) not be directly or indirectly managed, controlled, directed, or owned wholly or in part:
948
(i) by the telecommunications corporation or its agents that seek to provide the
949
telecommunications service or by any corporation, firm, or person who directly or indirectly
950
manages, controls, directs, or owns more than 5% of the telecommunications corporation; or
951
(ii) by the marketing entity that seeks to market the telecommunications service or by any
952
corporation, firm, or person who directly or indirectly manages, controls, directs, or owns more
953
than 5% of the marketing entity;
954
(c) operate from facilities physically separated from:
955
(i) those of the telecommunications corporation or its agents that seek to provide the
956
subscriber's telecommunications service; or
957
(ii) those of the marketing entity that seeks to market a telecommunications service to the
958
subscriber; and
959
(d) not derive commissions or compensation based upon the number of change
960
authorizations verified.
961
(5) A telecommunications corporation or its agents seeking to verify the change
962
authorization shall connect the subscriber to the third-party verifier or arrange for the third-party
963
verifier to call the subscriber to verify the change authorization.
964
(6) A third-party verifier that obtains the subscriber's oral verification regarding the change
965
shall record that verification by obtaining appropriate verification data.
966
(7) (a) The record verifying a subscriber's change of provider shall be available to the
967
subscriber upon request.
968
(b) Information obtained from the subscriber through verification may not be used for any
969
other purpose.
970
(c) Any intentional unauthorized release of the information in Subsection (7)(b) is grounds
971
for penalties or other action by the commission or remedies provided by law to the aggrieved
972
subscriber against the telecommunications corporation, third-party verifier, their agents, or their
973
employees who are responsible for the violation.
974
(8) The third-party verification shall occur in the same language as that in which the
975
change was solicited.
976
(9) The verification requirements described in this section shall apply to all changes in the
977
provider of any public telecommunications service.
978
(10) The commission may promulgate rules:
979
(a) necessary to implement this section;
980
(b) consistent with any rules promulgated by the Federal Communications Commission;
981
and
982
(c) in a nondiscriminatory and competitively neutral manner.
983
(11) (a) Each subscriber may elect to require the telecommunications corporation
984
providing the subscriber's local exchange service to implement a freeze until the subscriber
985
provides authorization for a change to another provider of public telecommunications services.
986
(b) Once a subscriber has elected the freeze option under Subsection (11)(a), the
987
telecommunications corporation providing the subscriber's local exchange service may not process
988
a request to change the subscriber to another provider of telecommunications services without
989
prior authorization directly from the subscriber.
990
(12) (a) Whenever the subscriber's provider of a telecommunications service changes, the
991
new provider shall:
992
(i) retain a record of the verified change authorization consistent with requirements of the
993
Federal Communications Commission or rules issued by the commission; and
994
(ii) be responsible for providing a conspicuous notice of the change within 30 days of the
995
effective date of the change of service.
996
(b) At a minimum, the notice in Subsection (12)(a)(ii) shall identify the new provider,
997
contain a general description of the service and price, and provide information necessary for the
998
subscriber to have questions answered or to rescind the change.
999
(13) Any bill shall identify each telecommunications service provider of
1000
telecommunication service for which billing is rendered.
1001
(14) (a) Any person or provider of telecommunications service inadvertently or knowingly
1002
designating or changing the subscriber's telecommunications service provider in violation of this
1003
section shall refund to the subscriber any amounts required by the rules of the Federal
1004
Communications Commission and the commission.
1005
(b) The unauthorized provider in Subsection (14)(a) additionally shall:
1006
(i) bear all costs of restoring the customer to the service of the subscriber's original service
1007
provider; and
1008
(ii) pay to any other telecommunications provider any fees set by the commission for the
1009
designation or change.
1010
(15) Proceedings for violations of this section may be commenced by request for agency
1011
action filed with the commission by a subscriber, a telecommunications corporation, the [Division
1012
of Public Utilities] Office of the Public Advocate, or by the commission on its own motion.
1013
(16) Any telecommunications corporation, its agents, or a third-party verifier who violates
1014
this section or rules adopted to implement this section shall be subject to the provisions of Sections
1015
54-7-23
through
54-7-29
.
1016
(17) The commission is granted authority to enforce provisions relating to an unauthorized
1017
telecommunication service provider change in interstate and intrastate telecommunication service
1018
involving telecommunications corporations operating in the state.
1019
Section 27.
Section
54-10a-1
is enacted to read:
1020
CHAPTER 10a. OFFICE OF THE PUBLIC ADVOCATE
1021
54-10a-1. Establishment of Office of the Public Advocate -- Functions.
1022
(1) There is established within the Department of Commerce the Office of the Public
1023
Advocate which may:
1024
(a) initiate and participate in initial conferences pursuant to Section
54-7-11.5
, commence
1025
original proceedings, file complaints, appear as a party, present factual information and evidence,
1026
examine witnesses, advocate policy recommendations, commence appeals, otherwise participate
1027
in proceedings before the commission, and engage in all other activities consistent with its
1028
statutory responsibilities;
1029
(b) commence original proceedings, file complaints, appear as a party, appeal, and
1030
otherwise represent the public interest in matters and proceedings involving regulation of a public
1031
utility pending before any officer, department, board, agency, commission, governmental authority,
1032
or court of Utah, of another state, or of the United States, and may intervene in, protest, resist, or
1033
advocate the granting, denial, or modification of any petition, application, complaint, or other
1034
proceeding, or any decision or order of any of those governmental authorities;
1035
(c) investigate or study, upon complaint, upon order of the commission, or upon its own
1036
initiative, any matter within the jurisdiction of the commission;
1037
(d) conduct audits and inspections, or take enforcement actions regarding any matter
1038
within the jurisdiction of the commission in order to insure compliance with decisions, orders, and
1039
policies of the commission, either upon order of the commission or upon its own initiative;
1040
(e) require any person or entity subject to the jurisdiction of the commission to:
1041
(i) provide information, reports, and other data compilations relevant to matters within the
1042
jurisdiction of the commission;
1043
(ii) provide access to inspect and copy records and other data compilations relevant to
1044
matters within the jurisdiction of the commission;
1045
(iii) permit inspection of properties and tangible things used in providing public utility
1046
service; and
1047
(iv) engage in other methods of discovery authorized by the commission;
1048
(f) review applications filed with the commission and present recommendations to the
1049
commission on the disposition of those applications;
1050
(g) make recommendations regarding public utility regulatory policy and long-range
1051
planning on matters within the jurisdiction of the commission;
1052
(h) after balancing the h [
interest
]
INTERESTS OF CONSUMERS AND THE PUBLIC UTILITY
1052a
AS OUTLINED
h in Section
54-1-1
, take a position in a matter before the
1053
commission, but may not specifically appear on behalf of any individual, organization, or entity;
1054
(i) assess the impact of utility rate changes and other regulatory actions;
1055
(j) assist residential consumers, agricultural consumers, and those engaged in small
1056
commercial enterprises in appearing before the commission; and
1057
(k) engage in settlement negotiations and make stipulations or agreements regarding
1058
matters within the jurisdiction of the commission.
1059
(2) (a) Any investigations, studies, audits, inspections, enforcement actions, or requests
1060
for discovery of information pursuant to Subsection (1)(c), (d), or (e), shall be preceded by
1061
reasonable advance notice to the person or entity against whom investigation, study, audit,
1062
inspection, enforcement, or discovery is sought.
1063
(b) The targeted person or entity may require that a complaint or an adjudicative
1064
proceeding be instituted with the commission prior to the commencement of the investigation,
1065
study, audit, inspection, enforcement, or discovery by the Office of the Public Advocate pursuant
1066
to Subsection (1)(c), (d), or (e).
1067
Section 28.
Section
54-10a-2
is enacted to read:
1068
54-10a-2. Director of Office of the Public Advocate -- Appointment -- Authority and
1069
responsibility.
1070
(1) The director of the Office of the Public Advocate shall be appointed by the executive
1071
director of the Department of Commerce and shall serve at the pleasure of the executive director.
1072
(2) The director of the Office of the Public Advocate is subject to the administrative
1073
authority of the executive director of the Department of Commerce and is responsible for the
1074
administration and supervision of the division.
1075
(3) The director of the Office of the Public Advocate shall have authority to adopt internal
1076
organizational measures to effectuate efficiency and economy in the management and operation
1077
of the Office of the Public Advocate.
1078
Section 29.
Section
54-10a-3
is enacted to read:
1079
54-10a-3. Budget of Office of the Public Advocate -- Employment of personnel.
1080
(1) The annual budget of the Office of the Public Advocate shall provide sufficient funds
1081
for the Office of the Public Advocate to hire, develop, and organize a technical and professional
1082
staff to perform the duties, powers, and responsibilities committed to it by statute.
1083
(2) The director of the Office of the Public Advocate may:
1084
(a) hire economists, accountants, engineers, inspectors, statisticians, and other technical
1085
and professional experts as may be required;
1086
(b) retain additional experts as required for a particular matter, but only to the extent that
1087
it is necessary to supplement staff of the Office of the Public Advocate in order to fulfill its duties;
1088
and
1089
(c) employ necessary administrative and support staff.
1090
(3) (a) The Department of Human Resource Management shall determine pay schedules
1091
using standard techniques for determining compensation.
1092
(b) The Department of Human Resource Management may make its compensation
1093
determinations based upon compensation common to utility companies throughout the United
1094
States.
1095
Section 30.
Section
54-10a-4
is enacted to read:
1096
54-10a-4. Legal counsel.
1097
h [
The attorney general shall appoint legal counsel to the Office of the Public Advocate upon
1098
request.
]
THE ATTORNEY GENERAL SHALL APPOINT SUFFICIENT FULL TIME LEGAL COUNSEL TO
1098a
ASSIST, ADVISE, AND REPRESENT THE OFFICE OF THE PUBLIC ADVOCATE AND ITS STAFF IN THE
1098b
DISCHARGE OF ITS DUTIES AND IN ALL PROCEEDINGS BEFORE THE PUBLIC SERVICE
1098c
COMMISSION, AND IN ALL OTHER PROCEEDINGS.
h
1099
Section 31.
Section
54-10a-5
is enacted to read:
1100
54-10a-5. Interests, relationships, and actions by employees prohibited.
1101
No employee of the Office of the Public Advocate shall, while so employed:
1102
(1) have any direct pecuniary interest, whether as the holder of stock or other securities,
1103
or otherwise have any conflict of interest with any public utility or other entity subject to the
1104
jurisdiction of the commission;
1105
(2) have any office, position, or relationship, or be engaged in any business or avocation
1106
which interferes or is incompatible with the effective and objective fulfillment of the duties of
1107
office or employment with the Office of the Public Advocate;
1108
(3) accept any gift, gratuity, emolument, or employment in violation of Title 67, Chapter
1109
16, Utah Public Officers' and Employees' Ethics Act, from any public utility or any other entity
1110
subject to the jurisdiction of the commission or from any officer, agent, or employee thereof; or
1111
(4) solicit, suggest, request, or recommend, directly or indirectly, the appointment of any
1112
person or entity to any office or employment with any public utility or other entity subject to the
1113
jurisdiction of the commission.
1114
Section 32.
Section
54-10a-6
is enacted to read:
1115
54-10a-6. Objectives.
1116
h
(1)
h After balancing the interests of consumers and the public utility as outlined in Section
1117
54-1-1
, the Office of the Public Advocate:
1118
h [
(1)
]
(a)
h shall, in the performance of its duties, powers, and responsibilities under this
1118a
title,
1119
provide the commission with objective and comprehensive information, evidence, and
1120
recommendations; and
1121
h [
(2)
]
(b)
h may take a position which it determines to be:
1122
h [
(a)
]
(i)
h in the interest of consumers, including residential, agricultural, industrial, and
1123
commercial consumers;
1124
h [
(b)
]
(ii)
h in the interest of the utility; or
1125
h [
(c)
]
(iii)
h a reasonable compromise of the interests in Subsections h [
(2)(a) and (b)
]
(b)(i)
1125a
AND (b)(ii)
h .
1125b
h
(2)(a) AS USED IN THIS SUBSECTION 54-10a-6(2), "SMALL COMMERCIAL CONSUMER"
1125c
MEANS A PERSON OR ENTITY CONDUCTING A BUSINESS, AGRICULTURAL, OR OTHER
1125d
ENTERPRISE IN THE STATE HAVING LESS THAN 25 EMPLOYEES OR A GROSS INCOME LESS THAN
1125e
$1,000,000 ANNUALLY.
1125f
(b) NOTWITHSTANDING THE REQUIREMENT OF SUBSECTION (1) TO BALANCE THE
1125g
INTERESTS OF CONSUMERS AND THE PUBLIC UTILITY, THE DIRECTOR OF THE OFFICE OF THE
1125h
PUBLIC ADVOCATE:
1125i
(i) SHALL DESIGNATE ONE OR MORE MEMBERS OF THE STAFF OF THE OFFICE OF THE
1125j
PUBLIC ADVOCATE TO TAKE POSITIONS AND TESTIFY FOR THE INTERESTS OF RESIDENTIAL OR
1125k
SMALL COMMERCIAL CONSUMERS IN:
1125l
(A) ANY CONFERENCE IN WHICH THE OFFICE OF THE PUBLIC ADVOCATE PARTICIPATES
1125m
PURSUANT TO SECTION 54-7-11.5, IF THE CONFERENCE IS ON A MATTER IN WHICH RESIDENTIAL
1125n
OR SMALL COMMERCIAL CONSUMERS HAVE A SUBSTANTIAL INTEREST; AND
1125o
(B) EACH ADJUDICATORY PROCEEDING IN WHICH RESIDENTIAL OR SMALL COMMERICIAL
1125p
CONSUMERS HAVE A SUBSTANTIAL INTEREST; AND
1125q
(ii)
h
[MAY] SHALL
h
PROVIDE
h
ADEQUATE
h
RESOURCES DESCRIBED IN
1125q1
SUBSECTIONS 54-10a-3(2)(a) AND (b) AND
1125r
SECTION 54-10a-4 TO MEMBERS OF THE STAFF OF THE OFFICE OF THE PUBLIC ADVOCATE TO
1125s
PERFORM THEIR DUTIES UNDER THIS SUBSECTION (2).
h
1126
Section 33.
Section
54-10a-7
is enacted to read:
1127
54-10a-7. Notice by commission.
1128
The commission shall automatically provide notice to the Office of the Public Advocate
1129
of all requests for agency action or notices of agency action.
1130
Section 34.
Section
54-10a-8
is enacted to read:
1131
54-10a-8. Establishment of advisory board.
1132
(1) There is established an advisory board for the Office of the Public Advocate.
1133
(2) (a) The advisory board shall consist of h [
seven
]
EIGHT
h members, six of which shall
1133a
be appointed
1134
by the governor to represent the following interests, as follows:
1135
(i) large industrial users of public utility services;
1136
(ii) small industrial or commercial users of public utility services;
1137
(iii) agricultural users of public utility services;
1138
(iv) residential public utility consumers;
1139
(v) low-income residents; and
1140
(vi) retired persons.
1141
h [
(b) The seventh member shall be the executive director of the Department of Commerce
] h
1142
h [
who shall serve as chair of the advisory board.
]
1142a
(b) THE REMAINING MEMBERS OF THE BOARD SHALL BE:
1142b
(i) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF COMMERCE; AND
1142c
(ii) THE DIRECTOR OF THE OFFICE OF THE PUBLIC ADVOCATE.
h
1143
(c) All members of the advisory board shall maintain their principal abode within Utah.
1143a
h
(d) IN SERVING AS A MEMBER OF THE ADVISORY BOARD, THE DIRECTOR OF THE OFFICE
1143b
OF THE PUBLIC ADVOCATE:
1143c
(i) MAY NOT VOTE; AND
1143d
(ii) SHALL REPORT ON THE ACTIVITIES OF THE OFFICE OF THE PUBLIC ADVOCATE.
1143e
(e) THE ADVISORY BOARD SHALL ANNUALLY SELECT A MEMBER TO SERVE AS CHAIR.
h
1144
(3) (a) Except as required by Subsection (3)(b), as terms of current advisory board
1145
members expire, the governor shall appoint each new member or reappointed member to a
1146
four-year term.
1147
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
1148
of appointment or reappointment, adjust the length of terms to ensure that the terms of advisory
1149
board members are staggered so that approximately half of the advisory board is appointed every
1150
two years.
1151
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
1152
appointed for the unexpired term.
1153
(4) No more than four members of the advisory board shall be from the same political
1154
party.
1155
(5) (a) Members of the advisory board shall receive no compensation or benefits for their
1156
services, but may receive per diem and expenses incurred in the performance of the member's
1157
official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
1158
63A-3-107
.
1159
(b) Members may decline to receive per diem and expenses for their service.
1160
(6) The advisory board may:
1161
h [
(a) hold meetings at the request of the chair or any four members; and
]
1161a
(a) SET AGENDAS AND HOLD MONTHLY MEETINGS, AND MAY HOLD OTHER MEETINGS, AT
1161b
THE TIMES AND PLACES AS THE CHAIR OR A MAJORITY OF THE ADVISORY BOARD MAY
1161c
DETERMINE; AND
h
1162
(b) advise the office in the performance of the office's duties, powers, and responsibilities
1163
h [
consistent with Subsection
54-1-1
(2)
] h .
1164
Section 35.
Section
67-1-13
is amended to read:
1165
67-1-13. Rural Telecommunications Task Force -- Creation -- Membership --
1166
Quorum -- Compensation -- Staff -- Duties -- Reports and recommendations.
1167
(1) There is created within the governor's office the Rural Telecommunications Task Force
1168
consisting of the following 11 members:
1169
(a) one representative from state government appointed by the governor who shall serve
1170
as chair;
1171
(b) one member of the Senate appointed by the president of the Senate;
1172
(c) one member of the House of Representatives appointed by the speaker of the House
1173
of Representatives;
1174
(d) the chair of the Public Service Commission or the chair's designee;
1175
[(e) the administrative secretary of the Committee of Consumer Services or the
1176
administrative secretary's designee;]
1177
[(f) the director] (e) two members of the [Division of Public Utilities or the director's
1178
designee] Office of the Public Advocate, one of which shall be the director;
1179
[(g)] (f) two representatives from a local government organization in rural Utah, one
1180
representing cities and one representing counties, appointed by the governor; and
1181
[(h)] (g) three representatives from telecommunications providers in rural Utah to be
1182
appointed by the governor.
1183
(2) A majority of the members of the task force constitute a quorum. The action of a
1184
majority of a quorum constitutes the action of the task force.
1185
(3) (a) Salaries and expenses of the members of the task force who are legislators shall be
1186
paid in accordance with Section
36-2-2
and Legislative Joint Rule 15.03.
1187
(b) Members of the task force who are not legislators may not receive compensation for
1188
their work associated with the task force, but may receive per diem and expenses incurred as a
1189
member of the task force at the rates established by the Division of Finance under Sections
1190
63A-3-106
and
63A-3-107
.
1191
(4) The governor's office shall provide staff support to the task force.
1192
(5) The task force shall review and make recommendations on the following issues:
1193
(a) identify appropriate eligibility criteria for Universal Service Fund Support for capital
1194
investment in broadband data services in rural areas of the state so that:
1195
(i) such support is limited to areas lacking those services;
1196
(ii) an appropriate fund balance is maintained;
1197
(iii) such support begins January 1, 2000; and
1198
(iv) increases in surcharges to support the fund are minimal;
1199
(b) identify areas of the state where state government should assume liability for the costs
1200
of relocating facilities in the case of right-of-way realignments in order to encourage deployment
1201
of digital infrastructure to those areas; and
1202
(c) other possible solutions to aid in the deployment of advanced telecommunications
1203
services in rural areas of the state.
1204
(6) The task force shall provide:
1205
(a) recommendations on rule changes to the Public Service Commission by October 1,
1206
1999; and
1207
(b) a report, including any proposed legislation, to the Public Utilities and Technology
1208
Interim Committee before November 30, 1999.
1209
Section 36. Repealer.
1210
This act repeals:
1211
Section 54-4-1.5, Investigations, providing information, audits and recommendations
1212
by director.
1213
Section 54-4a-1, Establishment of division -- Functions.
1214
Section 54-4a-2, Director of division -- Appointment -- Authority and responsibility.
1215
Section 54-4a-3, Budget of division -- Employment of personnel.
1216
Section 54-4a-4, Legal counsel.
1217
Section 54-4a-5, Interests, relationships and actions by employees prohibited.
1218
Section 54-4a-6, Objectives.
1219
Section 54-5-1.5, Special regulation fee -- Supplemental Levy Committee --
1220
Supplemental fee.
1221
Section 54-5-2, How gross operating revenue is determined.
1222
Section 54-5-3, Default in payment of fee -- Procedure to collect -- Penalties.
1223
Section 54-5-4, Penalties.
1224
Section 54-8b-12, Trust fund established -- Requirements -- Expiration -- Transfer of
1225
balance.
1226
Section 54-10-1, Definitions.
1227
Section 54-10-2, Committee of Consumer Services created -- Members -- Terms --
1228
Qualifications -- Appointment -- Organization.
1229
Section 54-10-3, Per diem and expenses of members -- Meetings.
1230
Section 54-10-4, Duties and responsibilities of committee.
1231
Section 54-10-4.5, Representation of electric power utility by committee prohibited.
1232
Section 54-10-5, Residential and small commercial representative -- Duties.
1233
Section 54-10-6, Review of public utility accounting procedures and expenditures.
1234
Section 54-10-7, Attorney from attorney general's office to represent committee.
1235
Section 37. Effective date.
1236
This act takes effect on July 1, h [
2000
]
2001
h .
1237
Section 38. Transition clause.
1238
(1) Effective July 1, h [
2000
]
2001
h , the Office of the Public Advocate shall assume all
1238a
rights, duties,
1239
and powers of the former Division of Public Utilities and the Committee of Consumer Services
1240
with respect to actions filed prior to July 1, h [
2000
]
2001
h .
1241
(2) In order to avoid a conflict with its duties under Section
54-1-1
, in proceedings
1242
commenced prior to July h [
2000
]
2001
h , the Office of the Public Advocate shall retain the
1242a
services of any
1243
person or entity to represent the public interests in those actions until completed.
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